Hayward does not impose an owner-occupancy requirement on detached or attached ADUs under HMC 10-1.2740 and California Government Code 65852.2(a)(6). Owner-occupancy is still required when a JADU is on the property, per Government Code 65852.22(a)(2). The owner must occupy either the main dwelling or the JADU.
California Government Code 65852.2(a)(6), as amended by AB 587 (2019) and AB 671 (2019), suspended owner-occupancy requirements for ADUs permitted between January 1, 2020 and January 1, 2025 - and AB 976 (Gov. Code 65852.2(a)(6)) made that suspension permanent for ADUs (not JADUs) for permits issued through January 1, 2025 and prohibits any new owner-occupancy requirement on ADUs permitted before that date. Hayward's ordinance at HMC 10-1.2740 conforms to state law: there is no owner-occupancy requirement for a stand-alone ADU. Junior Accessory Dwelling Units (JADUs) are treated differently. Under Government Code 65852.22(a)(2), every JADU must be on a property where the owner occupies either the primary residence or the JADU itself - a deed restriction enforcing that requirement is recorded against the property as a condition of permit issuance. The deed restriction also limits the unit to one JADU per single-family lot, prohibits separate sale, and requires the owner-occupancy. AB 1033 (Gov. Code 65852.26) allows Hayward to opt in to separate condominium sale of ADUs, which would alter the owner-occupancy and ownership landscape - check the current Hayward ADU program page for opt-in status. Owner-occupancy violations on a JADU lot can result in code-enforcement action to either restore owner-occupancy or remove the JADU.
Operating a JADU on a property where neither the owner nor a JADU tenant is the property owner violates the recorded deed restriction required by Gov. Code 65852.22(a)(2). Hayward Code Enforcement can issue administrative citations under HMC 1-7 starting at $100, and may pursue declaratory relief in Alameda County Superior Court. There is no owner-occupancy violation for stand-alone ADUs - Hayward cannot lawfully add one.
Hayward, CA
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